Attachment 1 PWS Shuttle Services MEDVAMC Beaumont.docx

PERFORMANCE WORK STATEMENT (PWS)

FOR THE

MICHAEL E. DEBAKEY VETERAN AFFAIRS MEDICAL CENTER

Beaumont, TEXAS

SHUTTLE SERVICES

2/15/2024

Section I – Description of Services

1.1. SCOPE

1.1.1. The contractor shall provide all required labor, material, supplies, equipment, and supervision of contractor personnel necessary to perform Shuttle Services to and from the following locations:

Department of Veterans Affairs Beaumont Outpatient Clinic 3420 Veterans Circle Beaumont, Texas 77707-2552

Michael E. DeBakey VA Medical Center 2002 Holcombe Boulevard Houston, Texas 77030

The contractor shall under no circumstances correspond or directly interact with any patient (or beneficiary) or solicit from any patient (or beneficiary) of the VA.

1.1.2. GENERAL REQUIREMENTS:

The contractor shall provide Shuttle Services for patients (or beneficiaries) of the Department of Veterans Affairs as established herein. The contractor shall provide all services necessary to execute the full range of Shuttle services as provided in the local community. Performance shall be continuously compliant with the requirements contained within this PWS to include the standards established by the Joint and the Division of Emergency Medical Services, Texas Emergency Medical Services, The Texas Department of Transportation Public Transportation Division and FTR Charter Regulations CFR 49

1) Texas Administrative Code- Title 21, Part 1, Chapter 157, Emergency Medical Care.

a. http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tacview=5&ti=258pt=18ch=157&sch=A&rl=Y

2) The Texas Department of Transportation Public Transportation Division

a. Public Transportation (txdot.gov)

3) Code of Federal Regulations

a. eCFR :: Title 49 of the CFR -- Transportation

1.2. GENERAL DESCRIPTION:

1.2.1. The contractor shall provide Shuttle services, Monday through Friday excluding Federal Holidays as required in accordance with the terms and conditions contained herein. The contractor shall furnish 1 Driver, a charter bus with wheelchair lift, wheelchair safety straps, 30-40 seats, a bathroom that is ADA complaint, handrail and a vehicle that can accommodate walkers and other devise used for mobility assistance. The Veterans (or beneficiaries) requiring transport by Shuttle to/from specified pickup points to/from the Michael E. DeBakey VA Medical Center located at 2002 Holcombe Boulevard in Houston, Texas 77406 for medical appointments.

1.2.2Pick-up and deliveries shall only be required to/from specified locations and the Michael E. DeBakey VA Medical Center as requested by the COR in accordance with the procedures specified within this PWS. The contractor’s price shall be all-inclusive regardless of time of day as agreed to in the price schedule of the resultant award.

1.3. VEHICLES AND EQUIPMENT

1.3.1. Shuttle services and equipment must meet Federal and State of Texas requirements for insurance, licensing, registration, and equipment. All vehicles used to provide Shuttle transportation services shall meet the following requirements:

•Texas Health & Safety Code-Chapter 773.Emergency Health Care Act. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.773.htm

•Texas Administrative Code- Title 21, Part 1, Chapter 157, Emergency Medical Care.

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tacview=5&ti=258pt=18ch=157&sch=A&rl=Y

1.3.2. Have functioning mechanisms which ensure that all access doors are capable of being opened from the inside and remain closed and secure during travel.

1.3.3. Be equipped with operational air conditioning/heating systems.

1.3.4. Meet all safety and mechanical standards established by The Texas Department of Transportation Public Transportation Division and FTR Regulations CFR 49

1.3.5. Be equipped with an operable two-way radio and/or cellular telephone communication system, which afford contact with the vehicle during all hours of operation. Beepers are not an acceptable substitute.

1.3.6. Be equipped with wheelchair and scooter tie down straps and effective secure devices to secure both patients and beneficiaries.

1.3.7. The lift shall incorporate an emergency method of deploying, lowering to ground level with a lift occupant, and raising and stowing the empty lift if the power to the lift fails and have a backup for all lift capacity.

1.3.8. All secure floor locks and tiedowns for use in transporting patients (or beneficiaries) in wheelchairs that are approved by ADA requirements and reviewing by mobility supervisor.

1.3.9. Driver shall ensure wheelchair and scooter locks and tie-downs are secured and seat belts and shoulder harnesses are in place before the vehicle is driven.

1.4. STANDARD FOR MAINTENANCE

1.4.1. The objective of Standards for Maintenance is to protect veterans and to cause no harm to all parties. The contractor shall maintain all vehicles in a clean and orderly condition, free from debris and accumulations which may create an accident, injury, or fire hazard.

1.4.2. The contractor shall ensure they are compliant with the CDC Coronavirus guidance:

https://www.cdc.gov/coronavirus/2019-ncov/infection-control/control-recommendations.html

1.4.3. The contractor shall maintain vehicles in accordance with manufacturer’s recommended maintenance schedule or an improved schedule based on actual vehicle operation conditions.

1.4.4. The contractor shall correct any deficiency that might interfere with safe operation of vehicle before vehicle is placed in service.

1.4.5. The contractor shall ensure vehicle windows are free of obstructions and lights are kept clean so that they can be easily seen when in operation.

1.4.6. The contractor shall keep the interior of vehicles clean and in good repair.

1.4.7. The contractor shall maintain (and furnish upon request) procedures that outline preventive maintenance and/or repairs on each vehicle in an individual vehicle file and in chronological order, latest service on top. Requested submission and verification of maintenance records shall be a quality assurance procedure during performance of this contract.

1.4.8. Maintenance procedures shall adhere to all requirements of herein Texas Medical Transportation Board Administrative Code, SECTION 380.501. Standards for Motor Vehicles.

(1) All motor vehicles used to provide transportation services must:

(A) Meet or exceed warranty and component standards following Texas Regulations All vehicles must display a Texas Safety Inspection Certificate, which is good for 12 consecutive months. These certificates can be obtained at a state-approved safety inspection station or an inhouse safety inspection station.

responsibility and the following:

• Horn

• Windshield wipers

• Mirror

• Steering

• Seat belts (driver only)

• Brake systems and parking

• Tires

• Wheel assembly Section 3 — Preventive Maintenance Inspections and Services Maintenance Management Guide 10 TxDOT March 2003(rev)

• Exhaust system

• Exhaust emission system

• Beam indicator

• Tail lamps (2)

• Stop lamps (2)

• License plate lamp (1)

• Rear red reflectors (2)

• Turn signal lamps

• Clearance lamps

• Side marker lamps

• Side reflectors

• Head lamps (2)

• Motor, serial, or vehicle identification number Texas Department of Transportation (txdot.gov)

(B) Be identified with the transportation provider name and vehicle number using letters that are at a minimum six inches in height; and

(C) Be equipped with:

(i) Functioning, clean, and accessible seat belts for each passenger seat position that must be stored off the floor when not in use;

(vi) An interior mirror, which should be used for monitoring the passenger compartment;

(vii) A clean interior and exterior (which must be free of broken mirrors or windows, excessive grime, rust, chipped paint, and major dents);

(viii) A functional fire extinguisher (which must be secured within reach of the motor vehicle operator and visible to passengers);

(x) Working heating and cooling systems adequate for the heating, cooling, and ventilation

(xi) Signage posted within the vehicle that reads: "No Smoking, Eating or Drinking." "All passengers must wear seat belts." "Concealed Weapons Prohibited."

(2) All motor vehicles used to provide transportation services must comply with all applicable state and federal laws, including the Americans with Disabilities Act (ADA) Accessibility Guidelines for Transportation Vehicles (36 C.F.R. 1192), Federal Motor Vehicle Safety Standards (49 C.F.R. 571), and Chapter 547 of the Texas Transportation Code .2010 ADA Standards for Accessible Design

1.4.9 First Aid Requirements: The Occupational Safety and Health Administration of the United States Department of Labor has ruled that patient transportation services are subject to its jurisdiction and, therefore, mandates that all such vehicles are required to have a first aid kit on board. The first aid kit should contain, at a minimum, the following:

* 29 CFR 1910 OSHA mandates blood borne pathogen protection for all patient transportation services. In order to be in compliance with this section, vehicles must carry an HIV protection kit that includes rubber gloves and an impervious gown or coveralls.

1.4.10 Communication System – Personnel performing services shall utilize a communication system that facilitates appropriate and effective communication between all parties involved in the execution of services. (Drivers must be able to contact dispatchers, dispatchers must be able to contact drivers, and facility point of contacts must be able to contact contractual service providers or representatives when needed). The type of communication system that is used will not be mandated or selected by the government unless serious or perpetual communication break downs occur during the performance periods of the contract.

1.5. DRIVER QUALIFICATIONS

1.5.1. The Texas Department of Veterans Affairs Medical Center (VAMC) reserves the right to restrict any contractor employee from performing services under this contract who does not meet the required qualifications for the services they are required to perform, and who violates Federal regulations or are identified as a potential threat to the security, safety, health and/or operational mission of the VA and its veteran population. The restriction of such contractor personnel shall not relieve the contractor from performing all the required services, in accordance with all terms, conditions, and schedule contained herein.

1.5.2 The contractor shall furnish qualified personnel as required by contract specifications to accomplish all services under this contract.

1.5.3. The contractor personnel performing services for the VA, shall, at all times, conduct themselves in a professional manner, and be identified by having the company name, and employee name affixed to the uniform. The Contractor shall be responsible for furnishing all vehicles, uniforms, nametags and/or badges for performance of services under this contract. Employee identifications shall be worn in clear view above the waist. The contractor personnel shall not smoke or play loud music originating from any device in vehicles while transporting VA patients.

1.5.4. The company shall employ personnel who are fluent in English. The personnel shall be able to speak and understand English in order to transport the patients successfully.

1.5.5. Staff shall ensure that the patient is secured in the vehicle before the vehicle moves.

1.5.6. Each driver shall:

i) Possess a driver’s license that is valid for the class of vehicle driven, evidence of a special transportation service vehicle permit, or endorsement issued by the commissioner of public safety.

· Class A CDL

· Any combination of vehicles with a gross combination weight rating (GCWR) of 26,001 pounds or more,

· if the gross vehicle weight rating (GVWR) of the towed vehicle or vehicles exceeds 10,000 pounds.

‰ GVWR means the value specified by the manufacturer as the loaded weight of a single vehicle.

· TEX. TRANSP. CODE §522.003.

‰ GCWR means the value specified by the manufacturer as the loaded weight of a combination or articulated vehicle or, if the manufacturer has not specified a value, the sum of the gross vehicle weight rating of the power unit and the total weight of the towed unit or units and any load on a towed unit. TEX. TRANSP. CODE §522.003.

· Class B CDL

· Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, a single vehicle with a gross vehicle weight rating of 26,001 pounds or more towing a vehicle with a gross vehicle weight rating of 10,000 pounds or less, and a vehicle designed to transport 24 passengers or more, including the driver.

· Class C CDL

· Any single vehicle or combination of vehicles that is not a Class A or Class B if the vehicle is designed to transport 16 - 23 passengers, including the driver; or used in the transportation of hazardous materials that require placards under 49 CFR, Part 172

· Endorsements (TRC §522.042, 37 Texas Administrative Code 16.12)

· In addition to general knowledge and skills tests, drivers who operate specialized CMVs must pass additional tests and obtain endorsements on their CDLs, as follows:

· T – Double/triple trailers (knowledge test only)

· P – Passenger (knowledge and skills tests)

· N – Tank vehicle (knowledge test only)

· H – Hazardous materials (knowledge test only)

· X – Combination of tank vehicle and hazardous materials (knowledge tests)

· S – School bus – (knowledge and skills test)

· 383-2 A Texas Motor Carrier’s Guide to Highway Safety Age Requirements

· ‰ Interstate: Minimum age for a CDL is 21 (391.11(b)(1))

· ‰ Intrastate: Minimum age for a CDL is 18 (TRC 522.027)

ii) Be at least 21 years of age and have not less than one year of experience as a licensed driver; and

iii) For the past three years:

• Have not had a driver’s license canceled or suspended under Texas Statutes, (or any other state’s statutes and regulations);

• Have a driving record clear of convictions for operating a motor vehicle or motorcycle without insurance as required by Texas Statutes.

• Have a driving record clear of convictions for driving a motor vehicle without a valid current license for the class of vehicle driven;

• No employer shall knowingly allow, require, permit, or authorize a disqualified driver to drive a CMV. Disqualifying offenses include: ‰ Driving a CMV while under the influence of alcohol. ‰ Driving a CMV while under the influence of a disqualifying drug or other controlled substance. ‰ Leaving the scene of an accident that involves a CMV. ‰ Using a CMV to commit a felony. ‰ Two serious traffic violations occurring within a three-year period. ‰ Violations of law that regulates the operation of a motor vehicle at a railroad grade crossing ‰ Driving a CMV while the person’s alcohol concentration was 0.04% or more. ‰ Refusing to submit to a test to determine the person’s alcohol concentration or the presence in the person’s body of a controlled substance. ‰ Causing the death of another person through the negligent or criminal operation of a CMV. ‰ Driving a CMV while the person’s CDL is revoked, suspended, canceled or disqualified, for an action or conduct that occurred while operating a CMV

• Have a record clear of criminal convictions of crimes or pending criminal indictments against persons, and crimes or anticipatory crimes reasonably related to providing special transportation services. This must be documented by a formal background check.

1.5.7. Shuttle vehicle drivers shall have a valid driver’s license, in accordance with Federal, State, and local government requirements for their place of operation for the services they perform; shall have successfully completed the standard first aid course of the American Red Cross of U.S. Bureaus of Mines or equivalent, and be able to think critically to problem solve in stressful situations.

i) Shall submit evidence of equivalent training program, which has been successfully completed, to the Contracting Officer.

ii) Shall attend all refresher continuing education, or advanced training programs as required by the local or state government entity in which service is rendered. In no instance shall this be less frequent than every two (2) years. Such refresher training shall be equivalent to that developed by American Red Cross of U.S. Bureau of Mines or equivalent, the Department of Transportation, and the National Highway Safety Administration.

1.6 PASSENGER TRANSPORTATION & SCHEDULE OF SERVICES

1.6.1 The contractor shall provide shuttle services for patients to and from their medical appointments at the Michael E. DeBakey VA Medical Center. “Shuttle services” are defined as picking up all patients (or beneficiaries) from specified location(s) for onward transportation to a specific location to attend a scheduled medical appointment.

1.6.2 The contractor shall allow the patient plus one (1) additional passenger, family member or care giver to be transported on a trip based on the size of the vehicle and authorization by MEDVAMC.

1.6.3 Drivers and passengers shall always use seat belts/securement devices.

1.6.4 There shall be no smoking by the driver, attendants, or passengers, while in the vehicle or on the Medical Center Campus

1.6.5 No unauthorized stops shall be permitted. An authorized stop is any stop not necessary for patient care.

1.6.6 In the event an emergency arises while in transit, the contractor shall transport the patient(s) to the closest facility that can mitigate the emergency. The contractor shall immediately notify the COR and the CO within one hour of the emergency.

1.6.7 Upon delivery or pick-up of a patient, the contractor shall log in the patient on a log sheet at the location designated at the facility. The contractor shall provide the following information on the log sheet:

1. Patient name,

2. Last four of the patient's Social Security Number,

3. Date and time of delivery or pick-up,

4. Point of origin or destination, and

5. Name of Contractor personnel picking or delivering patient.

1.6.8 If a VA beneficiary being transported declines to be properly secured or removed the securement devices himself/herself, the driver will notify the Contracting Officer’s Representative (COR) of this fact prior to departure. The contractor will not transport any VA beneficiary who refuses to be properly secured while being transported. If the beneficiary refuses to be properly secured, they shall be returned into the building which they came from.

1.6.9 An authorized official of the VA Medical Center, the COR or the Mobility Manager may, in the best interest of the patient, allow one (1) relative of concerned other to accompany the patient at no additional cost to the Government. The relative or concerned other only is to be transported with the beneficiary if approved by an official of the VA Medical Center. The beneficiary will also be allowed to carry with her or him one (1) bag of luggage not to exceed 30lbs during his or her transport. All luggage must be securely stowed during transport.

1.6.10 The contractor shall notify the COR of any unusual events, including but not limited to accidents, safety problems and deviations in transportation that occur and involve any VA beneficiary being transported under this contract. This notification shall be made within 15 minutes by telephone to the COR and Mobility Manager during normal working hours. A written report using email or company letterhead of the event will be delivered to the COR within 24 hours. Failure to comply with this provision may be grounds for default.

1.6.11 The patient pick-up/drop-off location at the Michael E. DeBakey VA Medical Center shall be at the Front Entrance of the medical center for scheduled appointments. If waiting time is necessary, the vehicle must park in the appropriately designated general parking lot areas.

1.6.12 If or when patient’s medical records are transported, the contractor shall ensure that Health Insurance Portability and Accounting Act (HIPAA) guidelines are followed.

1.6.13 Patients shall be entitled to transport one certified trained service animal. No pets are to be transported at any time. A. VHA Directive 1188, Animals on Veterans Health Administration (VHA) Property, dated August 26, 2015.

1.6.14 Passengers shall be transported in compliance to CDC standards: https://www.cdc.gov/coronavirus/2019-ncov/infection-control/infection-prevention-control-faq.html

1.16.15 Rates are inclusive of all cost associated with the performance of the contract.

1.16.16 Other Charges the prices quoted in the SCHEDULE OF SERVICES, shall be inclusive of all ferry, bridge, tunnel or road toll charges. The contractor shall not bill the VA separately for any such charges.

1.7 CALLS

1.7.1 All patient pick-up(s) and drop-off(s) shall be to/from the specified locations, only the COR shall contact the designated contractor points of contact(s) to authorized any changes in pickup or drop off locations.

1.8 HOURS OF PERFORMANCE

1.8.1 This is a full-service contract, Monday through Friday excluding Federal Holidays between the operating hours of 730 am and 5pm. The contractor shall provide all Shuttle services as stated in the performance work statement for veteran beneficiaries. Any hours of foreseen overtime should be immediately reported and discussed and approved by/with the COR.

1.8.2 The contractor shall furnish and maintain vehicles to ensure timely pick-up and delivery service to all veterans serviced by the VA.

1.9 ELECTRONIC TRANSMISSIONS

1.9.1 The contractor shall, at all times during the contract period, have on his/her premises both the ability to receive, read, and transmit emails to and from the VA and a functioning fax machine to communicate with the VA. If PII or PHI is to be transmitted, an approved encrypted email MUST be used.

1.10 CONFORMITY TO REGULATIONS

1.10.1 The contractor and his/her operators shall conform to all Federal, State and local regulations governing the performance of contracted services.

1.10.2 VAMC facilities have been designated NO SMOKING areas in their entirety. Individuals found in violation of this no smoking policy may be subject to a $50.00 federal citation for disregarding posted safety rules and regulations. Furthermore, the contractor may be directed to stop work. The contractor is to notify all of his/her employees and/or sub-contractors of this strict enforcement policy.

1.10.3 The contractor must have the appropriate permits/licenses to perform the required services.

1.10.4 All services provided by the contractor shall comply with applicable current laws, regulations, and standards of the appropriate regulatory body.

1.11. EVIDENCE OF COVERAGE

1.11.1 Before commencing work under the contract, the contractor shall furnish the Contracting Officer with a certification from his/her insurance company indication that the coverage outlined in this contract has been obtained and that it SHALL NOT be changed or canceled during the term of the contract.

1.12 WAGE RATES

1.12.1 Wage Determination(s) as listed in Section D in this solicitation are applicable to any resulting contract.

1.12.2 The contractor certifies by signature on this offer that the salaries to be paid workers involved in the performance of the contract are equal to or greater than those specified in the attached Wage Determination(s).

1.12.3 The Department of Labor has held that contractors must pay their employees the Service Contract Act wage while they are driving both to and from destinations for the VA. The Wage Determination is attached in Section D.

1.13 INSPECTIONS

1.13.1 The VA reserves the right to inspect the contractor's equipment and vehicles and/or require documentation of compliance with contract specifications, and State laws, rules, regulations and guidelines governing emergency medical transport vehicles.

1.13.2 VA inspections of Contractor facilities shall in no way constitute a warranty by the VA that the Contractor's vehicles and equipment are properly maintained.

1.13.3 Inspections shall take place at the outset of the contract and on an as needed basis thereafter. To be in and remain in compliance, the contractor shall adhere to the Texas Department of State and Human Service and the Texas Department of Motor Vehicles.

1.13.4 The VA reserves the right to restrict the contractor’s use of equipment and vehicles which are in need of repair, unclean, unsafe, damaged on the interior or exterior body, and are not in compliance with contract specifications.

1.13.5 The restriction of such equipment and vehicles shall not relieve the Contractor from performing in accordance with the strict intent and meaning of the contract without additional cost to the VA.

1.13.6 The VA reserves the right to have VA personnel, such as Contracting Officer and Contracting Officer's Technical Representative, or their designee, observe and inspect contractor operations at any time during the term of this contract.

1.13.7 The VA shall conduct scheduled or unscheduled site visits to observe and inspect contractor operations. A scheduled site visit is defined as a visit that the contractor is made aware of in advance. An unscheduled site visit is defined as a visit without advance notice.

1.14. PATENT RIGHTS

1.14.1 The contractor shall be courteous to VA beneficiaries and shall not smoke, use profanity, or play loud music while transporting patients. Patients may bring a reasonable amount of equipment, such as folding Ambulance, consumable medical supplies and a small personal suitcase.

1.14.2 The contractor shall immediately notify the VA of any incidents involving injury to a VA patient during transport. The contractor shall complete and submit to the COR and Mobility Manager, the form entitled, Report of Accident within four hours. http://vaww.va.gov/vaforms/va/pdf/VA2162.pdf

1.14.3 The contractor shall notify the COR and Mobility Manager, in writing, within 24 hours of any complaints made by the patients with regards to service.

1.14.4 The contractor may provide recommendations for improved services along with the patient complaints for the VA’s review. No recommendation shall be construed as being effective until a written modification to the contract is executed by the Contracting Officer.

1.15 REQUIRED REPORTS AND DOCUMENTS

1.15.1 Within fifteen (15) days after contract award, the contractor shall provide the following:

a) Contractor Personnel Roster: In this document, contractor shall identify the employee

1. Name,

2. Position,

3. Title, and

4. Work assignment area.

Thereafter, all changes shall be submitted to the COR within two (2) business days after the change(s) occur.

1.15.2 The contractor should maintain a copy of all assigned staff’s up to date and current licensure.

1.16 SAFETY REQUIREMENTS

1.16.1 In the performance of this contract, the contractor shall take additional safety precautions as determined necessary by the CO or COR. If the contractor is advised of noncompliance issues, the Contractor shall take immediate corrective action. Such notice shall be administered in writing to the Contractor. If the contractor fails or refuses to comply promptly, the CO may issue an order stopping all or any part of the work and hold the contractor in default.

1.16.2 Safety practices shall adhere to all requirements listed herein as well as those set forth by the

• Texas Health & Safety Code-Chapter 773.Emergency Health Care Act. http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.773.htm

• Texas Administrative Code- Title 21, Part 1, Chapter 157, Emergency Medical Care.

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tacview=5&ti=258pt=18ch=157&sch=A&rl=Y

1.16.3 Each licensed Medical Transportation Organization (MTO) shall comply with all Occupational Safety and Health Administration OSHA) blood borne pathogens regulations as defined by 29 C.F.R. 1910.1030.

1.16.4 If/when necessary a licensed MTO shall ensure that sanitation procedures are provided to all personnel in a written document that conforms with current standards as set forth in occupational safety and health administration-blood borne pathogens protocol.

1.16.4 If/when necessary a licensed MTO shall maintain and follow a written sanitation plan that conforms with the latest blood borne pathogen standards as written by the occupational safety and health administration. The following documentation shall be maintained for each vehicle:

(1) Sanitation schedule;

(2) Date the sanitation was completed;

(3) Documentation of who performed sanitation.

1.17 PERFORMANCE REQUIREMENT SUMMARY

1.17.1 When unforeseeable or uncontrollable conditions occur, such as, but not limited to severe storms, flooding, or other hazardous road and travel situations, time and distance qualifications shall be considered secondary to safety precautions.

1.17.2 Any delays or exceptions to the required quality of services, due to such substantial difficulties, shall be reported to the Travel Office during normal business hours. Outside normal business hours, the Administrative Officer of the Day (AOD) for the medical center is to be contacted.

1.17.3 The Contracting Officer will make a determination as to whether any such delays in service will be excused. VA will not be charged for trips canceled due to conditions listed within 1.16.

1.17.4 The Contracting Officer's Representative (COR) and/or Alternate COR shall be responsible for verifying contract compliance.

1.17.5 Any incidents of contractor noncompliance, as evidenced by the monitoring procedures in the Performance Requirement Summary, shall be forwarded to the Contracting Officer within one business day.

1.17.6 Documentation of services performed shall be reviewed prior to certifying payment. The COR and/or Alternate COR shall perform routine audits in conjunction with the contracting service in order to ensure proper documentation of services. Contract monitoring and recordkeeping procedures shall be sufficient to ensure proper payment and to allow auditors to verify that services were provided.

1.12.7 The contractor shall maintain (and furnish upon request) procedures that outline preventive maintenance and/or repairs on each vehicle in an individual vehicle file and in chronological order, latest service on top. Requested submission and verification of maintenance records shall be a quality assurance procedure during performance of this contract. Comment by Whitaker, Orlando T.: Please add this standard to the Performance Requirements Summary and QASP.

1.18 CONTRACTOR’S QUALITY CONTROL PROGRAM (QCP)

1.18.1 The contractor shall establish and maintain a complete QCP to ensure the requirements of this contract are provided as specified. An original and one (1) copy of this QCP will be forwarded to the CO along with the requested initial proposal.

1.18.2 The contractor’s QCP shall include, at a minimum, the following:

a) An inspection plan covering all services required by this contract. The inspection plan must specify the areas to be inspected on either a scheduled or unscheduled basis, how often inspections will be accomplished and documented, and the title of the individual(s) who will perform the inspections.

b) On-site records of all inspections conducted by the contractor noting necessary corrective action(s) taken. The Government reserves the right to request copies of any and/or all inspections which occur.

c) Incorporation of either active or established internal policies or procedures for updating medical service protocols that may affect performance of the contract.

d) The methods for identifying and preventing deficiencies in the quality of service performed, before the level of performance becomes unacceptable and organizational functions noting intermediate supervisory responsibilities and overall management responsibilities for ensuring total acceptable performance.

e) On-site records of all vehicle maintenance and repairs performed, on vehicles used in the performance of this contract. The methods of identifying and preventing vehicle breakdowns, and detailed procedure for alternative transportation of patients in the event of mechanical breakdown of the Ambulance vehicle.

f) On-site records identifying the character, physical capabilities, certifications and ongoing training of each employee performing services under this contract.

g) The methods of identifying and preventing radio communication breakdowns. A detailed procedure for alternative communications in the event of electronic and mechanical breakdown of vehicle two-way radios.

h) On-site records of any complaints or problems, with procedures taken to allow for corrections and/or elimination before effects caused interruption of performance of contract.

j) The contractor shall establish and maintain quality control to ensure all contract requirements and applicable Joint Commission requirements are met. The Contractor shall identify how he/she shall measure and provide customer satisfaction, the method of identifying deficiencies, the quality of service(s) to be performed and methods for identifying and implementing necessary corrective actions.

k) The contractor shall participate in quarterly scheduled meetings and with the VA representatives to provide a report of on-going operational issues.

l) submission and verification of maintenance records shall be a quality assurance procedure during performance of this contract. Comment by Whitaker, Orlando T.: Please add this standard to the Performance Requirements Summary and QASP.

1.19 INVOICING PROCEDURE

1.19.1 The awarded contractor will invoice the Michael E. DeBakey VA Medical Center by utilizing a secured means of Electronic Data Interchange (EDI). When invoicing, the VA requires that each trip is disclosed, with trip mileage utilized, point of pick-up, and point of drop-off, along with the date of transport and associated patient identification.

1.19.2 The contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include the following information:

(i) Name and address of the contractor;

(ii) Invoice date and number;

(iii) Contract number, contract line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on an ordering activity bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of people to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

1.20 CONTRACTOR PERFORMANCE ASSESSMENT RATING SYSTEM (CPARS)

Required Registration with Contractor Performance Assessment Rating System (CPARS)

1.20.1 As prescribed in Federal Acquisition Regulation (FAR) Part 42.15, the Department of Veterans Affairs (VA) evaluates contractor past performance on all contracts that exceed $1,000,000 and shares those evaluations with other Federal Government contract specialists and procurement officials. The FAR requires that the contractor be provided an opportunity to comment on past performance evaluations prior to each report closing. To fulfill this requirement VA uses an online database. The CPARS database information is shared with the Past Performance Information Retrieval System (PPIRS) database, which is available to all Federal Agencies.

1.20.2 Each contractor whose contract award is estimated to exceed $1,000,000 is required to register with the Contractor Performance Assessment Rating System (CPARS) database at the following https://www.cpars.gov/ or by calling (207) 438-1690. Registration should occur no later than thirty days after contract award and must be kept current should there be any change to the contractor’s registered representative.

1.20.3 For contracts with a period of one year or less, the contracting officer will perform a single evaluation when the contract is complete. For contracts exceeding one year, the contracting officer will evaluate the contractor’s performance annually. Interim reports will be filed each year until the last year of the contract when the final report will be completed. The report shall be assigned in CPARS to the contractor’s designated representative for comment. The contractor representative will have thirty days to submit any comments and re-assign the report to the VA contracting officer.

1.20.4 Failure to have a current registration in the CPARS database, or to re-assign the report to the VA contracting officer within those thirty days, will result in the Government’s evaluation being placed on file in the database with a statement that the contractor failed to respond.

1.21 CONTRACTOR PERSONNEL SECURITY REQUIREMENTS

1.21.1 All contractor employees who require access to the Department of Veterans Affair's computer systems or who come into contact with veteran/beneficiaries shall be the subject of a background investigation and must receive a favorable adjudication from the VA Office of Security and Law Enforcement prior to contract performance. This requirement is applicable to all subcontractor personnel requiring the same access. If the investigation is not completed prior to the start date of the contract, the contractor will be responsible for the actions of those individuals they provide to perform work for the VA.

Position Sensitivity - The position sensitivity for this contract has been designated as LOW RISK.

Background Investigation - The level of background investigation commensurate with the required level of access for this contract is National Agency Check with Written Inquiries.

Contractor Responsibilities:

• The contractor shall pre-screen all personnel requiring VA access to ensure they maintain a U.S. citizenship and are able to read, write, speak and understand the English language.

• The contractor shall submit or have their employees submit the following required forms requested by Department of Veterans Affairs, Office of Security and Law Enforcement, Security and Investigations Center, 2200 Fort Roots Drive Bldg. 104, North Little Rock, AR 72114 within 30 days of receipt:

• All documents completed and submitted at the following website: http://www.va.gov/SECURITYINVESTIGATIONSCENTER/

• Fingerprints submitted at the Michael E. DeBakey (Houston) VAMC Security Office

• The contractor, when notified of an unfavorable determination by the Government, shall withdraw the employee from consideration from working under the contract. Failure to comply with the contractor personnel security requirements may result in termination of the contract for cause.

1.21.2 The contractor shall agree that all deliverables, associated working papers, and other material deemed relevant by the contractor in the performance of this task order are the property of the United States Government. The contractor shall agree that all individually identifiable health information shall be treated with the strictest confidentiality. Access to records shall be limited to essential personnel only. Records shall be secured when not in use. At the conclusion of the contract, all copies of individually identifiable health records shall be destroyed or returned to the VA. Any individually identifiable health records shall be deleted from computers not belonging to the VA. The contractor shall comply with the Privacy Act, 38 U.S.C. 5701, 38 U.S.C. 7332, and 5 U.S.C. 552(a) et. Seq. Contractor staff shall sign confidentiality statements before the start date of the contract. The contractor shall comply with all provisions of the Health Information Portability and Accountability Act (HIPAA), including but not limited to privacy, security of electronic health data, and adherence to standards and code sets as required by HIPAA. The contractor shall ensure the confidentiality of all patient and employee information and shall be held liable in the event of breach of confidentiality. Any person, who knowingly or willingly discloses confidential information obtained from the VA with non-essential persons, may be subject to fines.

1.21.3 HIPAA COMPLIANCE. HIPAA compliance is required. The contractor must adhere to the provisions of Public Law 104-191, Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the National Standards to Protect the Privacy and Security of Protected Health Information (PHI). As required by HIPAA, the Department of Health and Human Services (HHS) has promulgated rules governing the security and use and disclosure of protected health information by covered entities, including the Department of Veterans Affairs (VA). In accordance with HIPAA, the contractor may be required to enter into a Business Associate Agreement (BAA) with VA.

1.21.4 BLOOD BORNE PATHOGENS: The contractor and the employees provided, pursuant to this contract, shall comply with the effective VAMC Policy (and Occupational Health requirements in accordance with OSHA Blood Borne Pathogens (BBP) Law and the OSHA Tuberculosis Compliance Directive, enforceable under OSHA’s General Duty Clause) governing health care workers infected with a blood borne pathogen. If the contractor obtains information that a health care worker providing care pursuant to this agreement may be infected with a blood borne pathogen, the contractor will advise the Contracting Officer immediately.

1.22 WORKER’S COMPENSATION

1.22.1 The Act of June 25, 1936, 42 Stat. 1938 (40 USC 290), authorized the constituted authority of the several states to apply their workmen’s compensation laws to all lands and premises owned or held by the United States. The contractor agrees to procure and maintain while the contract is in effect, Worker’s Compensation and Employers Public Liability insurance. The policy shall provide coverage for Public Liability Limits of not less than the statutory limitations for any one accident, and at least meet the statutory limitations if more than one person is involved. , Upon award of the contract, the contractor shall furnish to the Contracting Officer a certificate from its insurance company indicating that this coverage has been obtained and that such coverage may not be changed or canceled unless 30 day advance written notice is provided to the Contracting Officer.

1.23 MEDICAL LIABILITIES INSURANCE

1.23.1 The contractor shall carry required insurance (See VAAR Clause 852.237-7 INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE) and vehicle insurance in accordance with the Texas Department of State Health Services

1.24 ANNUAL VHA TRAINING

1.24.1 In accordance with VHA Directive 2003-028 "Compliance and Business Integrity Program", its updates or replacement directives, IG Guidance at 8994, Section II(C); Guidance at 4875, Section III (B)(4) Sentencing Guidelines, Section 8B2.1 (b) (4) (B) annual compliance training is to be provided to all contractors within the scope of their work. The medical center COTR’s are to coordinate the annual training with their respective Contracting Officer and Compliance and Business Integrity Officers. A copy of the documentation of the completed annual training is to be provided to the Compliance and Business Integrity Officers for their files.

In accordance with VHA Directive 1605.1 “Privacy and Release of Information”, updates or replacement directives annual VHA Privacy Policy Training is to be provide to all contractors within the scope of their work. A copy of the documentation of the completed annual training is to be provided to the Contracting Officer and the facility Privacy Officer for their files.

In accordance with VA Directive 6500, “Information Security Program”, updates or replacement directives annual VHA Cyber and Security Information Training is to be provided to all contractors within the scope of their work. A copy of the documentation of the completed annual training is to be provided to the Contracting Officer and the facility Information Security Officer for their files.

1.25 CONFORMANCE WITH ENVIRONMENTAL MANAGEMENT SYSTEMS

The contractor shall perform work under this contract consistent with the relevant policy and objectives identified in the agency, organizational, or facility environmental management system (EMS) applicable for your contract. The contractor shall perform work in a manner that conforms to all appropriate Environmental Management Programs and Operational Controls identified by the agency, organizational, or facility EMS, and provide monitoring and measurement information as necessary for the organization to address environmental performance relative to the environmental, energy, and transportation management goals. In the event an environmental nonconformance or noncompliance associated with the contracted services is identified, the contractor shall take corrective and/or preventative actions. In the case of a noncompliance, the contractor shall respond and take corrective action immediately. In the case of a nonconformance, the contractor shall respond and take corrective action based on the time schedule established by the EMS Site Coordinator. In addition, the Contractor shall ensure that their employees are aware of the roles and responsibilities identified by the environmental management system and how these requirements affect their work performed under this contract.

All on-site contractor personnel shall complete yearly EPA sponsored environmental training specified for the type of work conducted on-site. Upon contract award, the Contracting Officer's Representative will notify the facility-level Environmental Management Systems Coordinator to arrange EMS training for appropriate staff.

VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, Vendor Electronic Invoice Submission Methods. Facsimile, e-mail, and scanned documents are not acceptable forms of submission for payment requests. Electronic form means an automated system transmitting information electronically according to the accepted electronic data transmission methods below:

• VA’s Electronic Invoice Presentment and Payment System – The FSC uses a third-party contractor, Tungsten, to transition vendors from paper to electronic invoice submission. Please go to this website: http://www.tungstennetwork.com/US/en/veterans-affairs/ to begin submitting electronic invoices, free of charge.

• A system that conforms to the X12 electronic data interchange (EDI) formats established by the Accredited Standards Center (ASC) chartered by the American National Standards Institute (ANSI). The X12 EDI Web site (http://www.x12.org).

VHA Supplemental Contract Requirements for Combatting COVID-19

1. Contractor employees who work in or travel to VHA locations must comply with the following:

a. Documentation requirements:

1) If fully vaccinated, contractors shall show proof of vaccination.

i. NOTE: Acceptable proof of vaccination includes a signed record of immunization from a health care provider or pharmacy, a copy of the COVID-19 Vaccination Record Card (CDC Form MLS-319813_r, published on September 3, 2020), or a copy of medical records documenting the vaccination.

2) If unvaccinated, contractors shall show negative COVID-19 test results dated within three calendar days prior to desired entry date. Test must be approved by the Food and Drug Administration (FDA) for emergency use or full approval. This includes tests available by a doctor’s order or an FDA approved over-the-counter test that includes an affiliated telehealth service.

3) Documentation cited in this section shall be digitally or physically maintained on each contractor employee while in a VA facility and is subject to inspection prior to entry to VA facilities and after entry for spot inspections by Contracting Officer Representatives (CORs) or other hospital personnel.

4) Documentation will not be collected by the VA; contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

2. Contractor employees are subject to daily screening for COVID-19 and may be denied entry to VA facilities if they fail to pass screening protocols. As part of the screening process contractors may be asked screening questions found on the COVID-19 Screening Tool. Check regularly for updates.

a. Contractor employees who work away from VA locations, but who will have direct contact with VA patients shall self-screen utilizing the COVID-19 Screening Tool, in advance, each day that they will have direct patient contact and in accordance with their person or persons who coordinate COVID-19 workplace safety efforts at covered contractor workplaces. Contractors shall, at all times, adhere to and ensure compliance with federal laws designed to protect contractor employee health information and personally identifiable information.

3. Contractor must immediately notify their COR or Contracting Officer if contract performance is jeopardized due to contractor employees being denied entry into VA Facilities.

1. For indefinite delivery contracts: Contractor agrees to comply with VHA Supplemental Contract Requirements for any task or delivery orders issued prior to this modification when performance has already commenced.

DEFINITIONS/ACRONYMS:

ACO – Administrative Contracting Officer – An…